Trade Resources Policy & Opinion Investment Environment in XPCC of China

Investment Environment in XPCC of China

(i)Policy and Administrative Rules

Catalogue of Related Laws

Foreign Trade Law of the People's Republic of China

Customs Law of the People's Republic of China

Law of the People's Republic of China on Import and Export Commodity Inspection

Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures

Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures

Law of the People's Republic of China on Foreign-Capital Enterprises

Company Law of the People's Republic of China

Law of the People's Republic of China on the Entry and Exit Animal and Plant Quarantine

Law of the People's Republic of China on Control of the Entry and Exit of Aliens

Law of the People's Republic of China on the Control of the Exit and Entry of Citizens

Securities Law of the People's Republic of China

Income Tax Law of the People's Republic of China for Enterprises with Foreign Investment and Foreign Enterprises

Individual Income Tax Law of the People's Republic of China

Law of the People's Republic of China on the Administration of Tax Collection

Environmental Protection Law of the People's Republic of China

Law of the People's Republic of China on Evaluation of Environmental Effects

Law of the People's Republic of China on Promotion of Cleaner Production

Law of the People's Republic of China on Prevention and Control of Desertification

Marine Environment Protection Law of the People's Republic of China

Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution

Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Waste

Law of the People's Republic of China on Prevention and Control of Water Pollution

Law of the People's Republic of China on Prevention and Control of Environmental Noise Pollution

Law of the People's Republic of China on Prevention and Control of Radioactive Pollution

Frontier Health and Quarantine Law of the People's Republic of China

Labor Law of the People's Republic of China

Trade Union Law of the People's Republic of China

Searching Website for the Related Laws

1. Searching System of Laws and Regulations of China (website of National People's Congress of China)

http://law.npc.gov.cn:87/home/begin1.cbs

2. China Legislative Information Network System

http://www.chinalaw.gov.cn/jsp/jalor/index.jsp

3. Ministry of Commerce

http://www.mofcom.gov.cn

The above-mentioned websites are for reference only.

Industries encouraged for investment

1. High quality tomato and medlar planting and fine processing;

2. Returning land for farming to forestry and grass, natural forest protection and other national key ecological engineering follow-up industrial development;

3. Development and application of water-saving irrigation technology;

4. Beet sugar processing and sideline product comprehensive utilization;

5. Natural spices and edible fungus planting and processing;

6. High quality wine-making grape center construction and high quality grape wine brewing;

7. Cotton seeds, sunflower, safflower fat fine processing;

8. Flax planting and product production;

9. High-grade cotton wool product upgrading transformation;

10. Copper, lead, zinc, nickel and other non-ferrous metal ore exploration and development;

11. Vermiculites, soda nitrate, mica, asbestos, bentonite and other non-metallic mineral comprehensive utilization;

12. Coal processing application technology development and product production;

13. High-grade leather product manufacture;

14. Ethylene downstream fine processing product and fine chemical product production;

15. Natural gas downstream chemical industrial product production and development;

16. Uygur ethical characteristic medicinal plant processing and drug manufacture new technology development;

17. Development and application of biological drugs with cattle and sheep internal organs as raw materials;

18. Ethical special required products, arts and crafts, packing vessel material and daily use glass product production;

19. Urban gas and heat supply, water supply and draining pipeline construction and management (in case of big or media-sized city, the Chinese party holds stock);

20. Scenic spots (attractions) development and matching facility construction, protection and management;

21. Highway passenger transportation.

(ii) Procedure of setting up enterprise

Condition for setting

To set up a foreign investment enterprise, it is necessary to submit the following materials:

1. Report of application for establishment of foreign investment enterprise;

2. Approval document of foreign investment project;

3. Contract and rules of foreign investment enterprise;

4. Name list of foreign investment enterprise legal representative (or candidates of board of directors);

5. Appointment letter and resume of member of board of directors of the enterprise to be established;

6. Foreign investor's legal documents (business license and ID) and credit certification;

7. Name prior approval registration;

8. List of materials and equipment to be imported;

9. Workshop rent or purchase contract;

10. List of equipment and materials to be imported by the enterprise;

11. Environmental protection appraisal certificate;

12. Other supplement materials required by examination and approval authorities.

Formality procedure

Procedure chart for application and establishment of foreign investment enterprises (exclusive investment, joint venture and cooperation)

Doing Business in XPCC of China: Investment

(iii) Residential environment

Entry-Exit rules

If a foreigner enters China, he must apply to China's diplomatic representative institution, consul institution or other institutions stationed abroad authorized by the Ministry of Foreign Affairs for entry visa. The foreigner holding invitation letter from China's domestic authorized organization, and ordinary passport issued by a country with diplomatic relation or official trade with China, because of the following matters: temporarily invited by the Chinese party to trade fair, to participate in the bid or official economic and trade contract signing, to supervise loading for export, import commodity inspection or participate in contract approval according to agreement, participate in equipment installation or project emergency repair, requested by the Chinese party to solve claim problem, to provide technical consultation and other reasons making him have to come to China without time to apply to the above Chinese institutions for entry visa, may apply to port visa institution authorized by the Ministry of Public Security for entry visa.

If a foreigner holding connected international flights and having his seat confirmed to take an international flight to transit directly from China, he can stay at the transit city for not more than 24 hours, and does not need to apply for transit visa if he does not leave the airport, and needs to apply to the frontier inspection station for temporary stay permit if he intends to leave the airport.

In case that a foreigner leaves China, he must submit effective passport or other valid identifications for examination, as well as visa or residence credential permitting his stay in China.

Work and residence permission

In case that an employer hires a foreigner, the employer must apply for employment permission for the foreigner, the employer is not allowed to hire the foreigner until the foreigner is approved and obtains "People's Republic of China Foreigner to Get Employed Permission Certificate". A foreigner employed in Xinjiang should enter China holding occupation visa (in case of agreement on mutual exemption of visa, observe the agreement), and should not be employed in Xinjiang until he obtains "Foreigner Work Permit" and foreigner residence credential. Any foreigner without residence credential (i.e. F, L, C or G visa holder), studying in Xinjiang, cadet or occupation visa holder's retinue family members should not get employed in Xinjiang.

A foreigner conforming to any of the following conditions may be exempted from applying for employment permission and work permit: (1) foreign specialized technical and management personnel directly engaged and funded by our government, or by state organs and institutions, with senior technical title or special skill credentials confirmed by his country or international authoritative technical management organ or professional association, and foreigner with certificate of foreign experts issued by State Administration of Foreign Experts Affairs; (2) Foreigners conducting business literary performance in Xinjiang holding "license for temporary business performances" and approved by the Ministry of Culture, China.

A foreigner conforming to any of the following conditions may be exempted from applying for employment permission, and directly apply for work permit with occupation visa and related certificates after entry: (1) engaged to work in China according to agreement between Chinese and foreign governments, international organizations, to carry out Chinese-foreign cooperation or exchange project; (2) Chief representative or representative of China office of a foreign enterprise.

In case that a foreigner gets employed in Xinjiang, he must meet the following requirements: (1) 18 years old, healthy; (2) with specialized skill and corresponding experience; (3) Clearance; (4) with specific employer; (5) with effective passport or other international travel credential which can substitute passport.

In case that a foreigner travels, does business or works in Xinjiang and applies for visa, he must provide: (1) effective passport and copy; (2) evidentiary materials related with visa application; (3) fill in "Visa and Residence Permit Application Form", provide a 2-inch half-length positive bareheaded photo.

In case that a foreigner travels, does business or works in Xinjiang and applies for residence permission, he must provide: (1) effective passport and copy; (2) evidentiary materials related with residence permission application; (3) fill in "Visa and Residence Permit Application Form", provide a 2-inch half-length positive bareheaded photo; (4) medical certificate; (5) Foreigner work permit or foreign expert certificate or approved document from the Ministry of Culture, Department of Culture of the Autonomous Region for performance and official letter from the employer; (6) students in China must provide official letter indicating study term and "Admission

Notice" from the college or university. A foreigner making investment in Xinjiang or conducting economic, scientific and technological, and cultural cooperation with enterprises and undertakings in Xinjiang, and needing to stay for a long time in Xinjiang for any other reasons according to Chinese law, can get 1-5-year permanent residence qualification credential from the public security organ, and can get permanent residence qualifications credential from the public security organ if he has made outstanding achievements.

A foreigner settling down in Xinjiang must provide the local police station with residence permit for examination once a year at a designated time.

Urban living environment

XPCC has very good social order and exquisite residential environment, has its urbanization rate increased from 32% in 2000 to 40.8% in 2005, had a per capita public green space area of 6.2 square meters, running water diffusion rate of 92%, industrial waste emissions qualification rate of 61%, industry redundant water rate of 65% in 2005. Exquisite Shihezi is national park city and China excellent comprehensively managed city, has obtained UN Human Habitat Model Award, with an afforested coverage of 40%, and other cities with an afforested coverage of 32%.

Xinjiang has constructed 28 nature reserves of various kinds, including 8 state-level nature reserves (respectively as Kanas, Peak Pobeda, West Tianshan, Tarim diversiform-leaved poplar, Swan Lake in Bayinbuluke, Ganjiahu saxoul forest, Lop Nor wild camel and Mt. Altun), with a total area of 218,300 square kilometers, covering 13.1% f the total area of Xinjiang, 8 authorized state-level ecological demonstration zones with a total area of 127,600 square kilometers, 2 state-level ecological function reserves with an area of 180,900 square kilometers.

Medical Care

XPCC has now 673 medical institutions of various levels, 24,332 medical personnel of various professions including 225 hospitals with 16,654 beds, 80 third-class disease prevention and control institutions and 20 sanitary supervision organs.

Driving license

According to "Law of the People's Republic of China on Road Traffic Safety" and "Regulations for Vehicle Driving License Application and Use" and other related law and regulations, the traffic control department of the public security organ releases vehicle driving license to foreigners working in embassies and consulates to China and international organization offices in China upon applied according to diplomatic principle of reciprocity. Foreigners should apply for vehicle driving license in the place of residence.

In case that a foreigner holding overseas vehicle driving license applies for vehicle driving license, he must fill in "Vehicle Driving License Application Form" and submit the following certificates:

(1) applicant's identification; (2) physical condition provided by a medical institution at county level or above; (3) vehicle driving license held. In case that the certifi cates are not written in Chinese, it is necessary to submit Chinese translation.

In case that foreigners working in embassies and consulates to China and international organization offices in China holding overseas vehicle driving license apply for vehicle driving license, they must fill in "Vehicle Driving License Application Form" and submit the following certificates: (1) applicant's identification; (2) vehicle driving license held. In case that the certificates are not written in Chinese, it is necessary to submit Chinese translation.

In case that a foreigner holding overseas vehicle driving license applies for vehicle driving license, he should take a test of subject 1, and subject 3 if he applies for a license driving large passenger bus, trailer, minibus or heavy lorry. In case a foreigner of temporary entry intends to drive any vehicle, he must apply to his initial entry or original vehicles control department of the public security organ for temporary driving license of the People's Republic of China.

(iv)Reference Prices of Basic Elements

Price list of water and electricity in some cities

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Directory price list of labor wage at labor market in some cities

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List of benchmark land prices in some cities

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Doing Business in XPCC of China: Survey

Doing Business in XPCC of China: Economy

Doing Business in XPCC of China: Development Zones

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